When Does The Court Appoint Guardianship?

Posted by Kali YostAug 23, 20180 Comments

guardianship
Guardianship might become a critical issue for abandoned, orphaned or neglected children in the State of Oregon. Attorney Kali Yost, an experienced Portland estate planning lawyer invites you to learn more about this important legal concept.

What Is Guardianship? 

A guardian is an individual given the legal authority to care for and make pertinent legal, medical and financial decisions for a minor child or adult unable to care for him or herself due to severe illness or mental disabilities. Obtaining guardianship is a legal process that requires court appointment.

When Will A Court Order Guardianship? 

In Oregon, guardianship is awarded when a child's parents have died or if a judge opines that his or her parents are not competent enough to provide the adequate care necessary to ensure their offspring's health and safety.

Who Can Be Bestowed Guardianship? 

Typically, guardianship is awarded to one of the individual in question's relatives such an aunt, uncle, sibling or grandparent. However, if no such relations exist or are capable of performing the duties associated with guardianship, a court could give the responsibility to any other individual it deems has the capacity to operate in the child or person in question's best interests.

How Does One Attempt To Obtain Guardianship? 

Guardianship involves petitioning a court for appointment. All concerned parties must be informed of a guardianship proceeding. Guardianship proceedings can be contentious and complicated. Therefore, consultation with an experienced Portland estate planning attorney is advisable.

What Role Can An Estate Planning Attorney Play In This Process? 

A child's need for a legal guardian will typically arise only under difficult, if not tragic circumstances. An Portland estate planning attorney can help you establish directives suggesting a responsible relative or trusted friend to act as your child or children's guardian in the event if your demise or a catastrophic event that prohibits you from providing the necessary care your child would need and might save your relatives from the heartache and stress of such a legal proceeding.

In addition, if you are a close relation of a child being subjected to neglect or irresponsibility and aim to seek appointment as his or her guardian, an estate planning attorney can help you navigate what could be a complex and challenging process.

If you reside in Oregon and have questions about the issue of guardianship and other issues pertinent to planning for your family's future and safety, an estate planning attorney in Portland at The Law Office of Kali Yost will be able to help.